Divorce Questions & Answers

Q: Me and my husband has been together for 17 years we have 3 children his income is 6000 a month we decided to split

1 Answer | Asked in Divorce and Child Support for Georgia on
Answered on Jun 25, 2017

This isn't a question that can be answered here. Child support and alimony are based upon a number of factors, some of which you haven't mentioned. You should consult with an attorney and after they review all the income, expense and debt information, then can give you informed advice.
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Q: After being married for a year, and me not working for 2 years because my husband didn't want me to work, can I get

1 Answer | Asked in Divorce for Ohio on
Answered on Jun 24, 2017

You might be able to get temporary spousal and child support during a divorce. Use the Find a Lawyer tab to consult a local family law attorney who can advise you about spousal and child support to be ordered after the divorce is finalized.
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Q: need probono-Need advice on how to file motion of default, child support & maintenances in Kane County IL

1 Answer | Asked in Child Support and Divorce for Illinois on
Answered on Jun 24, 2017

Call the Kane County Bar Association Lawyer Referral Service and ask for their direction. They may offer pro bono assistance. At the least, they will get you an in-person consultation with a divorce lawyer for a very, very small fee.
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Q: I lived in my house that I was leading for about 1 year. My soon ex husband and I decided to buy the house but were NOT

1 Answer | Asked in Divorce for Florida on
Answered on Jun 24, 2017

No, it is probably a marital asset.
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Q: For a Rhode Island divorce, is it possible to have a spouse served without using a Sheriff or Constable?

1 Answer | Asked in Divorce for Rhode Island on
Answered on Jun 23, 2017

You might get by with that and save yourself $45 in constable fees. If you have an attorney assisting you, they will likely have a friendly constable able to effect service in a peaceful manner to meet the court requirements. If the judge is not satisfied with your method, it may add a few more months to your process. Contact an attorney. When the parties are in complete agreement, the time (and fees) can be very reasonable and worthwhile for the peace of mind and assurance it will be done...
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Q: Can I bring my son to my home state and file for custody? His mother left him and I have been wanting to file for years.

2 Answers | Asked in Child Custody, Divorce and Family Law for Colorado on
Answered on Jun 23, 2017

In general, custody cases should be filed in the state where the child has lived for the last 6 months. You may be able to have Colorado exercise emergency jurisdiction under these circumstances. you should retain an attorney to help you with this complicated situation.
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Q: Question regarding spouse access to bank account

1 Answer | Asked in Divorce for District of Columbia on
Answered on Jun 23, 2017

All funds earned or acquired during a marriage are considered community property, with few exceptions. An inheritance may qualify as an exception. Your brother may need a Power of Attorney, a prenuptial agreement, and perhaps a conservator, depending on his mental abilities. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and...
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Q: I am married and live in Missouri, my husband pretty soon to be ex is in Puerto Rico. Can I get divorced in the states?

1 Answer | Asked in Child Custody and Divorce for Missouri on
Answered on Jun 23, 2017

Yes, you can get divorced in Missouri. Look up how to self-represent in Missouri or contact a local attorney for a consultation on how to proceed.
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Q: Under what state or jurisdiction will the divorce decree belong?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Answered on Jun 23, 2017

It sounds like you have children so the best place to file is where the children live. You can also file where either of the parents lives. If you have never been through the Florida court system then you should attach a copy of your divorce decree.
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Q: My dog weighs 110lbs my ex @ I got him together we live at my parents house but now we're getting a divorce I don't work

1 Answer | Asked in Divorce and Animal / Dog Law for California on
Answered on Jun 23, 2017

Legal action against whom? To accomplish what? Why not contact a pet adoption agency, instead of considering taking him to the pound.
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Q: I was married in new York but reside in NC she's in living in New York now over 30 day can I go by n.y. laws on divorce

1 Answer | Asked in Divorce, Child Custody and Child Support for New York on
Answered on Jun 23, 2017

Where you were married is irrelevant. Where you or your spouse reside and for how long determines where you are eligible to file for divorce. In NC either you OR your spouse must have resided in NC for at least 6 months AND you must have been physically separated (not living together) for one year in order to be eligible to file. I'm not sure what NY requirements are. If you only need a divorce and expect it to be uncontested, it will be far less expensive to file in NC if you are eligible...
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Q: brother has split custody of his kids,when she has them she leaves them overnight with boyfriends,daycare. What canwe do

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Answered on Jun 22, 2017

This is something I see all the time. Often a good option would be for him to modify the existing order to get the "right of first refusal." What this would do is everything she wants to dump the kids somewhere she would have to give him the first option to watch the kids. this would eliminate the problem.

Pete D. Louden

www.normanlaw.com
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Q: I was married in New York state in 2012. I just relocated to California in Feb 2017. Can I still file for divorce in NY?

2 Answers | Asked in Divorce for New York on
Answered on Jun 22, 2017

You haven't been in California long enough to meet the residency requirements for filing for divorce here. You can file anywhere where either you or the other spouse meet the residency requirements. If the other party still lives in NY, you can still file there. You need to consider which jurisdiction will be a better outcome for you. You will meet the residency requirements here in August. California is a community property state. New York is an equitable distribution state. This means...
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Q: In Ca, 50/50 custody of 2 kids, dad makes 14% more salary than mom (both under 60k), is 1.3k/mo an accurate amount?

1 Answer | Asked in Child Support and Divorce for California on
Answered on Jun 22, 2017

It depends on the financial specifics of both parents and the needs of the kids. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: I have been divorced for about 10 years but i was clueless about these legal process i realized inever got divorced

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Answered on Jun 22, 2017

You can contact the court clerk for a copy of your filings. If you never were divorced, you can file now. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: House bought when we are married. down payment is my mom's gift; loan and title under my name. What happens if divorce?

1 Answer | Asked in Divorce and Real Estate Law for Oregon on
Answered on Jun 22, 2017

Your mother either loaned you money or gave you a gift for the down payment, but it can't be both. Since the home was purchased while you were married, there is a presumption that your and your husband's contributions toward the acquisition of the home were equal. To overcome that presumption, you would have to prove that the gift was to you alone and you did not commingle it into your joint financial affairs, or that the loan was not repaid and is due. Depending on the length of your...
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Q: In my papers it states I pay anything in excess of $500 for air conditioner repair does that mean she pays first $500?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jun 22, 2017

If there is a court order that outlines each person's responsibility concerning the AC, you would be responsible for whatever portion that is stated in the order.
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Q: My question (s) are about my girlfriends divorce which is contentious to say the least. To detailed for the amount of s.

1 Answer | Asked in Divorce for Wisconsin on
Answered on Jun 22, 2017

I don't believe this would make much of a difference in the final judgment of divorce. The only potential ways it could make any sort of difference might be with regard to child support payments or maintenance payments. Other than that, it really shouldn't make much of a difference that you are living in the marital home.
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Q: I am going through a separation in NC. He left the house. He then asked me for divorce and I'm ok with that. Now he is

1 Answer | Asked in Divorce and Family Law for North Carolina on
Answered on Jun 22, 2017

Go consult with a local family law attorney that you are comfortable with and who charges reasonable rates and put your spouse in his place.
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Q: Can my husband, who has not been living with me, we are separated, can he claim any monies that my parents give me?

2 Answers | Asked in Divorce for California on
Answered on Jun 21, 2017

Anything given to you after the date of separation by gift or inheritance and any earnings after the date of separation are not considered community property. If you don't want him to have "access" to those funds, don't put them in a joint account.
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